Could a Louisiana sheriff charge a bond fee when a traffic offender signed a promise to appear?

Plain-English summary

The Madison Parish sheriff asked whether he could collect a bond fee when an officer released a traffic offender on the offender's own recognizance after the offender signed the promise-to-appear part of a traffic citation. The attorney general's office concluded in 2000 that the sheriff could not charge that fee for this type of release.

The opinion relied on the driver's license statute governing a qualifying resident's release after signing the citation. It distinguished a court's ability to impose an additional penalty after a person failed to pay and failed to appear from a sheriff's fee at the initial release.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Sheriffs at the time

The opinion said a sheriff could not collect a bond fee when the traffic offender was released on personal recognizance by signing the promise-to-appear section of the citation.

Traffic court officials at the time

The office separately described a court's authority under the cited statute to add a penalty if the person did not pay in advance and did not appear. It did not treat that later penalty as permission to collect a bond fee upon release.

Drivers at the time

The opinion addressed a qualifying offender who signed the citation's promise to appear. It did not say every traffic arrestee qualified for that release; the quoted statute excluded people wanted for failure to appear on other traffic citations or subject to another warrant.

Common questions

Q: Did signing a traffic citation's promise to appear require paying a sheriff's bond fee?
A: The 2000 opinion said no for a qualifying offender released on personal recognizance under the cited statute.

Q: Could the court still impose a penalty if the driver did not pay or appear?
A: The opinion said the statute allowed an additional court penalty when the offender failed both to pay in advance and to appear at the time on the citation.

Q: Did the opinion cover an offender with another outstanding warrant?
A: The quoted release rule excluded a person for whom a warrant had been issued for another reason.

Background and statutory framework

The opinion compared a sheriff bond-fee provision, R.S. 33:1432(9), with LSA-R.S. 32:411.1's rule for release on the offender's own recognizance after signing a traffic citation. It concluded that collecting a bond fee at that point was inconsistent with the release statute.

Citations and references

• R.S. 33:1432(9) (sheriff bond-fee provision raised in the request)
• LSA-R.S. 32:411.1 and LSA-R.S. 32:411.1A(4) (traffic citation release rule)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0223

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

August 9, 2000
OPINION 00-223

OPINION 00-223
Honorable Larry G. Cox 8 BONDS – Surety Sheriff & Ex-Officio Tax Collector LSA-R.S. 32: 411; LSA-R.S. 32:411.1
Parish of Madison
We conclude that the legislative intent was
100 North Cedar Street
to not allow the sheriff to collect a bond fee
when an offender signs the promise to
Tallulah, LA 71282-3891 appear section on a traffic citation.

Dear Mr. Cox:

This office is in receipt of your opinion request wherein you asked the following question:

May the sheriff require the payment of a bond fee in accordance with R.S.
33:1432(9) when an officer accepts a promise to appear on a traffic violation which releases the alleged offender on his own recognizance?

The provisions of Louisiana Driver’s License Law, LSA-R.S. 32:411.1 et seq. will govern our response to the aforementioned question. Note that this statute was enacted after Attorney General Opinion 91-289 which stated in pertinent part that the sheriff could not collect an appearance bond authorized by R.S. 33:1432(9).

LSA-R.S. 32:411.1A(4) states in pertinent part:

Whenever any person who resides in this state is arrested and charged with a violation of the Louisiana Highway Regulatory Act or any municipal or parish ordinance regulating traffic in any parish or municipality such person shall be released on his own recognizance upon signing the promise to appear section of the traffic citation. This shall only apply to such persons who are not wanted for failure to appear in connection with other traffic citations or for whom a warrant has been issued for any other reason. If the offender fails to pay the fine by mail in advance of adjudication and fails to appear at the time and date indicated on the citation, the court may impose an additional penalty in an amount not to exceed the amount of the fine for the original violation.

Page 2

Honorable Larry G. Cox
OPINION 00-223
Page 2

The law permits the court to add additional fees if the named defendant does not pay the fine by mail, in advance of adjudication, nor appear at the time indicated in the citation.

However, the statute does not permit the collection of a bond fee when the offender is being released on his own recognizance upon signing the promise to appear section of the citation. Therefore having the offender pay a bond fee would be inconsistent with the overall effect of R.S. 32:411.1.

For this reason it is our opinion that the legislative intent was to not allow the sheriff to collect a bond fee when an offender signs the promise to appear section on a traffic citation.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY:________
MARTY WHITE
ASSISTANT ATTORNEY GENERAL

Page 3

OPINION 00-223

8 BONDS – Surety

LSA-R.S. 32: 411; LSA-R.S. 32:411.1

We conclude that the legislative intent was to not allow the sheriff to collect a bond fee when an offender signs the promise to appear section on a traffic citation.

Honorable Larry G. Cox
Sheriff & Ex-officio Tax Collector
Parish of Madison
100 North Cedar Street
Tallulah, LA 71282-3891

Date Received:
Date Released: August 9, 2000

MARTY WHITE
ASSISTANT ATTORNEY GENERAL